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date: 24 April 2019

Abstract and Keywords

This article examines European policies regarding criminal record–based employment discrimination, with particular emphasis on Spain. It first provides an overview of the definition of “criminal record” before discussing the confidentiality of information regarding criminal conviction. It then considers employment discrimination in Europe based on criminal record, including private employer discrimination in Spain, Sweden, and the Netherlands. It also highlights how the European Union’s data protection laws reinforce the confidentiality of criminal record information as well as the sex offense exception. Finally, it analyzes the influence of the European Union, Council of Europe, and the European Court of Human Rights on ex-offenders’ employment opportunities.

Keywords: Europe, employment discrimination, criminal record, criminal background check, personal data protection, sex offenses

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